Appeals court upholds military impostor law

DENVER (AP) — A federal appeals court ruled yesterday that a U.S. law making it illegal to lie about being a war hero is constitutional and making false statements is not always protected free speech.

The ruling by a three-judge panel of the Denver-based 10th U.S. Circuit Court of Appeals reverses a district judge’s decision that the Stolen Valor Act violates the First Amendment to the U.S. Constitution, which protects freedom of speech but is not absolute.

The Ninth U.S. Circuit Court of Appeals in San Francisco struck down the law on the basis of free speech. The U.S. Supreme Court said in October it would take up the issue of whether the Stolen Valor Act is constitutional.

Courts also have considered challenges to similar state laws in California, Georgia and Missouri.

The Colorado case involves Rick Strandlof, who was arrested after claiming he was wounded in Iraq as a Marine and had received military medals. His lawyers have acknowledged the claims were false.

“As the Supreme Court has observed time and again, false statements of fact do not enjoy constitutional protection, except to the extent necessary to protect more valuable speech,” Judges Timothy Tymkovich and Bobby Baldock said in the ruling. “Under this principle, the Stolen Valor Act does not impinge on or chill protected speech, and therefore does not offend the First Amendment.”

Judge Jerome Holmes dissented, saying, “I am troubled by the majority’s conclusion that false statements of fact — even those that are knowingly made, with an intent to deceive — are categorically outside the protective walls of the First Amendment.”

Strandlof’s attorney, John Carlson, said he had expected the 10th Circuit to hold off on its decision until the U.S. Supreme Court weighed in. He said he planned to either appeal the ruling or petition the U.S. Supreme Court, but he noted the case already in front of the high court will decide matters.

“We’re going to have, in a couple of months, the definitive decision,” Carlson said.

Congress passed the Stolen Valor Act in 2006 with overwhelming support. It has been used only a few dozen times.